Title 9 — MUNICIPAL GOVERNMENT
59 chapters · 1,226 sections in this title.
SDCL 6-13-8
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Source: SL 1984, ch 63 , § 1; SL 1985, ch 68 ; SL 1988, ch 64 , §§ 8, 54; SL 1989, ch 30 , § 25.
SDCL § 9-52-1 Power to construct, operate, and maintain auditorium
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Every municipality shall have power to construct, operate, and maintain an auditorium. Source: SL 1917, ch 310 , § 1; RC 1919, § 6169 (26); SDC 1939, § 45.0201 (15).
SDCL § 9-52-1.1 Lease of auditorium or convention center--Terms--Rent
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A municipality, in order to establish a municipal auditorium or convention center as defined and empowered by law, shall have the power to enter into a long - term lease, for a term not to exceed thirty years, with or without an option to renew or purchase, for the acquisition of…
SDCL § 9-52-11 Findings and determinations as binding covenants
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The findings and determinations herein authorized shall constitute binding representations, recitals, and covenants of each municipality issuing revenue bonds hereunder to and with the purchasers and holders of all such bonds. Source: SL 1951, ch 246 , § 2; SDC Supp 1960, § 45.24…
SDCL § 9-52-12 Reference to authorizing resolutions for matters not covered in bonds--Negotiability
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Bonds issued pursuant to this chapter may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8 , notwithstanding any conditions expressed therein or in the…
SDCL § 9-52-15 Bondholders' statutory mortgage on auditorium property--Enforcement of lien and compelling performance of duties
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There shall be a statutory mortgage lien upon all properties acquired by any municipality for auditorium purposes by the use of the proceeds of revenue bonds issued under the provisions of this chapter, and all additions and improvements thereto financed out of the earnings of th…
SDCL § 9-52-16 Admission charges and auditorium rentals--Adequacy for expenses, return on municipal investment and retirement of bonds
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The governing body of each municipality issuing bonds under this chapter shall have the authority, and it shall be its duty, to establish and collect reasonable charges for the admission of all persons to the auditorium premises for the purpose of use of any of the facilities of …
SDCL § 9-52-17 Operation for purpose of profit prohibited
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Municipalities shall not be authorized to operate revenue - producing enterprises of the nature described in this chapter for the purpose of profit or return greater than necessary to pay the cost of acquisition, improvement, operation, and maintenance thereof and interest on mon…
SDCL § 9-52-18 Municipality and board exempt from liability for negligence of officers and employees--Employees' rights preserved
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No action shall lie against any municipality or its governing body or auditorium board to recover for injuries sustained by any person through the negligence of municipal officers or employees while engaged in the operation of a municipal auditorium; provided, that nothing herein…
SDCL § 9-52-2 Power to create auditorium board
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Every municipality may create an appointive board for the purpose of managing municipal auditoriums and to provide by ordinance the number, the qualifications, mode of appointment, tenure of office, compensation, powers, duties of, and rules and regulations governing such board. …
SDCL § 9-52-23 General powers of auditorium board--Copies of board proceedings as evidence
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The board shall have power to contract for supplies and services necessary to the operation and maintenance of the auditorium, and for the rental of the same or any part thereof; to fix and collect rentals and charges for admission; to schedule and determine priorities among acti…
SDCL § 9-52-24 Custody and disbursement of auditorium funds--Petty cash fund
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All funds pertaining to the auditorium shall be placed in the custody of the municipal treasurer, and shall be expended only upon warrants drawn by the municipal auditor or clerk on said treasurer, pursuant to allowance by the auditorium board of duly verified claims; provided, t…
SDCL § 9-52-25 Annual report by auditorium board to governing body--Records subject to inspection
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The auditorium board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control, and its records, books, papers, and accounts shall at all reasonable times be subject to inspection by the executiv…
SDCL § 9-52-26 Auditorium board governed by terms of bonds and resolutions
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All actions of the board shall at all times be governed by and subject to all covenants, agreements and limitations contained in the resolutions of the governing body authorizing outstanding revenue bonds, and such resolutions may reserve to the governing body the exercise or sup…
SDCL § 9-52-27 Receivership on default in bonds or dissipation of auditorium assets--Powers of receiver--Termination of receivership
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If there be any default in the payment of the principal of or interest on any bonds issued pursuant to this chapter, or a breach of any other condition thereof materially affecting the rights of any bondholder and continuing for not less than three months, or if the revenues from…
SDCL § 9-52-28 Severability of chapter and resolutions
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If any provision of this chapter, or of any resolution or resolutions authorizing the issuance of bonds pursuant to this chapter, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other prov…
SDCL § 9-52-29 Sale and lease - back arrangements--Tax exemption
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The governing body of a municipality may by ordinance exercise all the powers conferred on the South Dakota Building Authority and the Governor pursuant to and in the manner provided by §§ 5-12-15 , 5-12-19 , 5-12-42 to 5-12-45 , inclusive, with respect to the acquisition, lease,…
SDCL § 9-52-3 Auditorium revenue bonds authorized--Purposes for which proceeds used
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Any municipality may issue revenue bonds to provide funds for the purpose of acquiring a municipal auditorium, or for the purpose of improving an existing auditorium, or for the purpose of refunding outstanding revenue bonds issued under the provisions of this chapter. Source: SL…
SDCL § 9-52-30 Sale and lease - back arrangements--Validation of prior actions
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All ordinances, resolutions, and other actions and proceedings adopted before June 12, 1984, and taken by the governing body of a municipality with respect to an existing auditorium or convention center and related facilities in the exercise of the powers granted by §§ 9-52-29 to…
SDCL § 9-52-31 Sale and lease - back arrangements--Powers additional
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The powers conferred by §§ 9-52-29 to 9-52-31 , inclusive, are in addition to all other powers conferred upon the governing body of any such municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not…
SDCL § 9-52-4 Authorization, issuance and sale of bonds--Vote required
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All bonds shall be authorized, issued, and sold as provided in chapter 6-8B , if a majority of the registered voters voting at the bond election vote to authorize the bond issue. Source: SL 1951, ch 246 , § 1; SDC Supp 1960, § 45.24B01; SL 1984, ch 43 , § 97.
SDCL § 9-52-5 Municipal indebtedness not authorized by chapter
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Nothing contained in this chapter shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness. Source: SL 1951, ch 246 , § 10; SDC Supp 1960, § 45.24B10.
SDCL § 9-52-6 Revenue bonds payable solely from auditorium revenues--Credit and taxing powers not pledged
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Revenue bonds issued under this chapter shall be payable solely from the net revenue derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance wi…
SDCL § 9-52-8 Auditorium revenues appropriated to special fund--Operating expenses paid from fund--Net revenue pledged to separate account for bond retirement and reserves
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Prior to delivery of any such bonds the governing body shall by the resolutions adopted under § 9-52-3 create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipal…
SDCL § 9-52-9 Covenants and agreements with bondholders for administration and security of bonds--Bondholders' right to compel performance
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In and by the resolutions authorizing revenue bonds the governing body shall also have the power to make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, conti…